Kirsty Maxwell, who fell to her death during a hen party in Benidorm, pictured with husband Adam at their wedding

A British man, 32, arrested hours later on suspicion of her homicide, known only as Joseph, appeared before an investigating judge in a private court hearing after two nights in a police cell.

Sources close to the investigation said initially there was no evidence pointing to Kirsty’s death being the result of a criminal act and described the arrest as a “precautionary” measure.

And police are investigating whether the Scots holidaymaker may have been sleepwalking when she entered the stranger's flat and leapt to her death.

The defence lawyer of the British man arrested has confirmed his client was being probed on suspicion of homicide but had been released without charge as part of an ongoing investigation.

Roberto Sanchez said his client is insisting that he simply asked Kirsty to leave after she knocked on the door of the apartment, walked in, went into the bathroom, tried to climb out of a small window and then jumped off the balcony after passing through the living room.

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Mr Sanchez claims there were no physical signs of a struggle on either Joseph or the dead Scot and said he believed the investigating judge had two options - a homicide charge or archiving the investigation - and he would be fighting for the latter.

The lawyer also said he believed the holidaymaker had committed no wrongdoing and would be fighting to clear his name, but admitted the probe could take several months to reach its conclusion.

He said: “I firmly believe in my client’s innocence.”

The British tourist is still in Spain but was due to fly back to Britain on Tuesday.

The fact he opened the door to her and had the most contact with Kirsty in the brief time she was in the flat- as well as being accused of a sex crime in the UK in the past which sources said did not end with a criminal conviction - is believed to have motivated his arrest.

Kirsty’s family have hired their own private firm of lawyers to push for a homicide charge.

Local reports said the investigating judge was probing the theory he had allegedly thrown Kirsty to her death or allegedly intimidated her into jumping out of fright after she ended up the apartment he was sharing with four other male friends by mistake.

The tower block in Benidorm which Scots girl Kirsty fell from

Official court sources have confirmed that the 32-year-old man has been released and revealed the results of the police investigation suggest that Kirsty ‘threw herself to her death’.

They said: “Criminal Court of Investigation number 4 in Benidorm on Monday agreed to release the man who had been held, with the requirement that he appears before the judge every time he is required to do so.

“Only a lawyer acting for the dead woman’s family asked for him to be jailed. The state prosecutor opposed the application.

“The man in question is being investigated as part of proceedings to clarify the circumstances in which the woman died.

“The crime being investigated is not specified as part of these proceedings.

“The results of the police investigation - forwarded to the court - and the preliminary autopsy point to the victim throwing herself to her death.

“There are no current indications of the participation of other people.”

The men's flat was directly above the apartment at the Apartamentos Payma where Kirsty was staying with other hen-do pals.

Sources have already revealed the Scot, who wed her long-term partner Adam in September, ended up in the apartment after leaving her flat dressed but barefoot and being let in by the man who was quizzed by cops.

They have also said the five men in the flat, all Brit holidaymakers who were questioned after Kirsty’s death along with nine other people including her friends, had admitted to taking drugs as well as drinking large amounts of alcohol.

They had reportedly just snorted lines of cocaine when Kirsty appeared unexpectedly on the scene.

Investigators are working on the theory that Kirsty became disorientated after waking up and leaving her apartment to go and see a friend, possibly to ask for medicine because she felt unwell after her night out drinking.

She is understood to have been filmed by a friend asleep in bed around 7.50am, but disappeared minutes later, leaving her keys and mobile phone in her apartment.

Benidorm, on Spain's Costa Blanca, is a popular spot for hen and stag-dos

The only conditions imposed on Joseph by the judge was that he agree to abide by any future court requests, which could involve a fresh quiz or reconstruction, and keep the court informed of his address in the UK.

The investigating judge is a woman called Ana Garcia Isabel Galbis, who turned down a request from Mr Sanchez to have the case archived but also rejected a request from Kirsty’s family lawyer to have Joseph remanded in custody.

The court has been given CCTV footage showing Kirsty’s fall although it is understood the cameras are focused on the swimming pool area and not on the balcony she plunged from.

Tests which should show whether or not she took drugs the night of the tragedy are also expected to take months to come back.

A reconstruction of the events leading up to the tragedy is already understood to have taken place and a second more detailed reconstruction is expected to be ordered as part of the judicial investigation.

Investigators suspect that Kirsty, after taking refuge in the bathroom, may have been trying to land in the swimming pool to get away if indeed she jumped - but made a fateful miscalculation and hit the concrete floor around the pool instead.

Tissues samples from the dead woman have been sent to a specialist lab for further tests, but it is understood that at this stage there is no evidence pointing to her taking drugs the night of the tragedy.

Spanish cops arrested and then released a British man on the resort

Kirsty was travelling with a large group of friends on a passport in her maiden name, Kirsty Emma Curry.

Her family, including her husband and parents, have flown out to Spain but were said to be too upset to speak.

They have requested permission to take her body back to Scotland so they can cremate her - and are expected to be allowed to do so in the next few days despite the ongoing criminal investigation.

A crowdfunding appeal to pay for Kirsty’s body to be flown home from Spain has been set up.

It has already more than doubled its £10,000 - reaching a staggering £23,772 by 7.15am on Tuesday.

Carolynn Simpson, who set up the page, said: “We are aiming to raise as much money as we can to bring out beautiful friend Kirsty home to where she belongs after this terrible tragedy…as little or as much as you can give will be hugely appreciated by the family.

“Everyone who knew here would have a loving story to tell about her beautiful life.”